BILL ANALYSIS
AB 2695
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CONCURRENCE IN SENATE AMENDMENTS
AB 2695 (Goldberg)
As Amended August 14, 2006
Majority vote
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|ASSEMBLY: |74-0 |(May 4, 2006) |SENATE: |37-0 |(August 17, |
| | | | | |2006) |
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Original Committee Reference: PUB. S.
SUMMARY : Extends the sunset date to January 1, 2010, for the $400
fee imposed on a person convicted of domestic violence to support
domestic violence centers, the Domestic Violence Restraining Order
Reimbursement Fund, and the Domestic Violence Training and
Education Fund.
The Senate amendments :
1)Delete the January 1, 2007 sunset date on provisions of law that
waive fees associated with the service of process of specified
protective orders, restraining orders or injunctions.
2)Delete the January 1, 2007 sunset date on provisions of law that
provides that there is no fee for a subpoena filed in connection
with an application for a protective order, under specified
circumstances.
3)Extends indefinitely provisions of law that prohibit a sheriff
from requiring a prepayment fee for protective orders relating
to workplace violence.
4)Expands the workplace violence exception to include elder abuse
and domestic violence.
EXISTING LAW provides that:
1)Any employer, whose employee has suffered unlawful violence or a
credible threat of violence from any individual, that can
reasonably be construed to be carried out or to have been
carried out at the workplace, may seek a temporary restraining
order and an injunction on behalf of the employee prohibiting
further unlawful violence or threats of violence by that
individual.
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2)Upon filing a petition for an injunction under this section, the
plaintiff may obtain a temporary restraining order in accordance
with specified provisions of the Code of Civil Procedure if the
plaintiff also files an affidavit that, to the satisfaction of
the court, shows reasonable proof that an employee has suffered
unlawful violence or a credible threat of violence by the
defendant and that great or irreparable harm would result to an
employee. In the discretion of the court, and on a showing of
good cause, a temporary restraining order or injunction issued
under this section may include other named family or household
members who reside with the employee.
3)A minimum payment by the defendant of $400 to be disbursed as
specified in this paragraph. If, after a hearing in court on
the record, the court finds that the defendant does no have the
ability to pay, the court may reduce or waive this fee. This
provision will sunset January 1, 2007.
4)A minimum payment by the defendant of $200 to be disbursed as
specified in this paragraph. If, after a hearing in court on
the record, the court finds that the defendant does no have the
ability
to pay, the court may reduce or waive this fee. This provision
becomes operative January 1, 2007.
AS PASSED BY THE ASSEMBLY , this bill:
1)Extended sunset date to January 1, 2010, for the $400 fee
imposed on a person convicted of domestic violence to support
domestic violence centers, the Domestic Violence Restraining
Order Reimbursement Fund and the Domestic Violence Training and
Education Fund.
2)Allowed a judge, when issuing a temporary restraining order or
injunction requested by an employer, to include multiple
employees or worksites within the protection of the order.
3)Allowed the court, upon a showing of good cause by the employer
requesting the temporary restraining order or injunction, to
issue a temporary restraining order or injunction which includes
other persons employed a his or her workplace or workplaces.
4)Provided that if the Commission on State Mandates determines
that this act contains costs mandated by the state,
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reimbursement to local agencies and school district for those
costs shall be made pursuant to specified sections of the
Government Code.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, the Domestic Violence Restitution Order Reimbursement
Fund, administered by the Department of Justice, and the Domestic
Violence Training and Education Fund, administered by the
Department of Health Services have both indicated they have
projected no fiscal impact for this bill.
COMMENTS : According to the author, "This bill aims to ensure
funding for county domestic violence programs and seeks to enhance
worker protection. The sunset extension ensures that a $400 fee
imposed on domestic violence defendants remains. This bill also
ensures that up to two-thirds of the augmented amount of money
will continue to be retained by the counties for deposit into the
domestic violence programs special fund, with the remainder
transferred to the State Controller. This bill will have the
effect of ensuring that fee-generated revenues continue to fund
domestic violence services, public education to prevent domestic
violence and law enforcement costs related to domestic violence
restraining orders.
"A separate concern is that the providers of these services are
themselves often threatened with violence, harassment or stalking
by perpetrators of domestic violence. Much like law enforcement
and legal services providers, domestic violence and sexual assault
advocates are concerned for their personal safety. Greater
protections for the workplace would allay some of those concerns,
facilitating the recruitment of needed domestic violence
personnel. This bill enhances workplace safety by permitting
employers to obtain protective orders for the entire worksite when
an employee or employees experience violence or a credible threat
of violence in the workplace. And, if appropriate, this bill
allows for protecting multiple work sites where employees are
threatened with violence."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0016213
AB 2695
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